Grievance Case Summary - G-077

FACTS - Language requirements. ISSUES - Standing: "aggrieved member"; Unit Bilingual Complement (UBC); compliance with RCMP language policy. Grievor was Detachment Commander. Due to Commissioner's decision in an earlier grievance, Grievor requested by his Subdivision Officer Commanding (OC) to complete Form 1938 to determine linguistic requirement. Grievor returned 1938 indicating UBC of one constable with BBC profile. Subdivision OC disagreed with UBC determined by Grievor. Official Languages Officer (OLO) agreed with OC. New UBC set by OC and OLO: one supervisor at BBB; one non-supervisor at BBB; one non-supervisor at CCC. Grievance against resulting staffing action for supervisor position. Request that language profile be reclassified English essential.

On January 26, 1993, the ERC issued its findings and recommendations. Grievor did not meet requirements of s. 31 of RCMP Act; no evidence Grievor was aggrieved. No information that Grievor applied for position but rejected, or wished to apply but felt barred from doing so because of language requirements. Recommendation that grievance be denied. Other concerns: serious deficiencies in linguistic identification process; OC and OLO overruled unit commander's (Grievor's) language determination without providing adequate reasons and substituted their determination without providing evidence or performing true analysis of needs; unit commander must be involved in determination of UBC. ERC suggested full managerial review of language requirements in question.

On May 17, 1993, the Commissioner rendered his decision. Grievor failed to demonstrate he was aggrieved. Grievance denied. Agreed, however, that there should be full review of language requirements to ensure correct and consistent application of Force Policy and Official Languages Act.